Ship Channel cancer study spurs two bills

Published 6:30 am, Saturday, January 20, 2007

Two Texas legislators have filed identical bills that would mandate stricter monitoring of air contaminants and enforcement of air pollution rules, saying they were disturbed by a new study that found a possible link between cancer and hazardous air pollutants from the Houston Ship Channel.

"I have long said that families along the Ship Channel corridor deserve better than they've gotten, and it's past time for the state of Texas to act decisively," Sen. Mario Gallegos, D-Houston, said Friday.

The companion bill is being carried by Rep. Jessica Farrar, D-Houston, who said, "We need something. There is nothing out there right now. We need accountability."

For the first time, an 18-month epidemiological study by the Texas School of Public Health released Thursday found a possible connection between cancer risks and air pollutants being emitted in Harris County.

Researchers used cancer incident data from the Texas Cancer Registry from 1995 to 2003. It also examined emissions of 1,3-butadiene and benzene recorded since 1992 by the Texas Commission on Environmental Quality.

The preliminary study, funded by Houston's health department and the Centers for Disease Control, found children living within two miles of the Ship Channel had a 56 percent higher risk of contracting acute lymphocytic leukemia than children living more than 10 miles from the channel.

In addition, the study found Harris County children who were living in areas with increased emissions of 1,3-butadiene were at increased risk of developing any type of leukemia.

The study does not prove the cancer was caused by the emissions, only for the first time shows an "association" exists, the researchers said.

"Now that independent researchers have verified what we who live in the area have known, I intend to fight to ensure that those families are protected," Gallegos said. "There are few things more fundamental to basic health than clean air to breathe."

The bill would for the first time establish standards for the maximum levels of toxics — like 1,3 butadiene — that would be permitted in the air.

Currently, the state has "screening levels" that are used for checking the ambient air, and the bill would turn them into enforceable standards.

In defense of the Texas Commission on Environmental Quality's screening process, the agency's spokeswoman Rebecca Rentz said companies that exceed the screening levels are usually targeted "for additional investigations and enforcement" even though these levels are not mandatory.

The bill also orders the Texas Commission on Environmental Quality to more carefully monitor major sources of air pollution and violators to take corrective actions.

For instance, a company that is polluting must have an independent consultant monitor and verify that it is in compliance with air regulations. The bill also requires the agency to assess a penalty or impose an injunction against whomever violates the rules.

"In the past, our state agency has sometimes appeared to be working for industry," Farrar said. "The TCEQ just hasn't seemed to have the political will at the top to enforce our air rules."

Michael Honeycutt, manager of toxicology at the Texas Commission on Environmental Quality, disagrees. Emissions of 1,3-butadiene are now three times lower at a Milby Park monitor than they were in 2003 data used in the new study.

"My point is you don't have to pass a law to make us do our job," he said. "We're doing our job."

"Two similar bills were defeated last session," said Mary Miksa, who represents the association in Austin.

She said turning "screening levels" into permanent standards would be a mistake.

"A screening level is meant to measure exposure limits over a lifetime and a standard is for an exposure that happens fairly quick," she said.

In addition, setting such a standard would be premature because the state agency is reviewing and revising all its screening levels. She thinks the plant permitting process has sufficient oversight.

Gallegos is having to direct his fight for his bill from Houston where he is waiting for a liver transplant. "But it can be done with help from his friends. He can also burn up the telephone lines," said Gallegos spokesman, Harold Cook.

At the same time, Farrar said she is working with environmental experts and other lawmakers to file possibly another bill to reduce air emissions.

"Industry has been very resistant to this one, and we're trying to look at some other way to skin the cat," she said.

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